CAS Bar CAS California-specific Essays 5

Question 1

California's Anti-SLAPP statute (CCP §425.16) permits a defendant to file a special motion to strike when the plaintiff's claims arise from:

Accepted Answer

Acts in furtherance of the right of petition or free speech in connection with a public issue

Answer

Any lawsuit the defendant believes is frivolous

Answer

Defamation claims only

Answer

Any claim filed without adequate pre-suit investigation

Question 2

Under California Code of Civil Procedure §430.10(e), a general demurrer may be sustained when:

Accepted Answer

The complaint fails to state facts sufficient to constitute a cause of action

Answer

The plaintiff's evidence is legally insufficient to support a verdict

Answer

The defendant has a complete affirmative defense on the merits

Answer

Discovery has not yet been completed by the plaintiff

Question 3

In Li v. Yellow Cab Co. (1975), the California Supreme Court adopted which system of comparative fault?

Accepted Answer

Pure comparative fault — plaintiff may recover damages even if 99% at fault

Answer

Pure contributory negligence — any plaintiff fault bars all recovery

Answer

Modified comparative fault — plaintiff recovers only if less than 50% at fault

Answer

Slight-gross comparative negligence

Question 4

Under California's strict products liability doctrine established in Greenman v. Yuba Power Products (1963), a plaintiff must prove:

Accepted Answer

The product was defective when it left the manufacturer's control and the defect caused plaintiff's injury

Answer

The manufacturer was negligent in designing or making the product

Answer

The manufacturer had actual knowledge of the defect before the sale

Answer

Privity of contract between the plaintiff and the manufacturer

Question 5

Under California Code of Civil Procedure §335.1, the statute of limitations for a personal injury action is:

Accepted Answer

2 years from the date of injury or discovery

Answer

1 year from the date of injury

Answer

3 years from the date of injury

Answer

6 years from the date of injury

Question 6

Under California Evidence Code §1101(a), evidence of a person's character trait is inadmissible when offered to prove:

Accepted Answer

That the person acted in conformity with that trait on a specific occasion

Answer

The person's reputation in the community

Answer

The person's habit in routine commercial transactions

Answer

Prior felony convictions for impeachment purposes

Question 7

Under California Civil Code §3384, specific performance of a contract for the sale of real property is:

Accepted Answer

An equitable remedy available at the court's discretion when legal remedies are inadequate

Answer

Available as a matter of right whenever the buyer tenders the purchase price

Answer

Never available when it is the buyer, not the seller, who seeks enforcement

Answer

Automatic upon proof of a valid written contract under the Statute of Frauds